ARUN & OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment dated 29.2.2008 passed by the learned Second Additional Sessions Judge, Multai in S.T.No.199/2005, whereby the appellants were convicted for the offence punishable under sections 306 and 498-A of IPC and each sentenced for 7 years' rigorous imprisonment with fine of Rs.100/- and simple imprisonment for one year with fine of Rs.100/- respectively. In each default of payment of fine, each of them was punished with one month's imprisonment in addition.

(2.) Prosecution's case, in short, is that, Meena, wife of the appellant Arun, was found dead in a toilet on Criminal Appeal No.712 of 2008 17.4.2005. It was found that she committed suicide by hanging. An intimation was given to the police of Police Station Multai, District Betul. A Panchayatnama lash, Ex.P/ 2 was prepared and dead body of the deceased was sent for the post-mortem. Dr.R.K.Nachankar (P.W.3) performed the post-mortem on the body and gave a report, Ex.P/5. He found that the deceased died due to hanging. During the investigation, the parents and relatives of the deceased kept silence for a longer period. Thereafter, they alleged against the appellants, who were relatives of the appellant Arun, husband of the deceased. After due investigation, a chargesheet was filed before the JMFC, Multai, who committed the case to the Sessions Court, Betul and ultimately, it was transferred to the Second Additional Sessions Judge, Multai.

(3.) The appellants abjured their guilt. They took a specific plea in the case that the deceased was married with the appellant Arun in the year 1988 and she died after 17 years of her marriage. It was also clear that the parents of the deceased had no relation with the deceased since last 6 years of her life. On the contrary, criminal cases were pending against the brothers of the deceased and the appellants for causing the assault on each other. The deceased was kept with comfort and the deceased went to the house of her parents, one day prior to the incident to get compromise in those cases and she was insulted and sent back. Ultimately, parents and relatives of the deceased have shifted their guilt upon the appellants. In defence Ramdayal (D.W.1), Jagdish (D.W.2) and Prakash (D.W.3) were examined.